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(영문) 의정부지방법원 2016.10.06 2016가단102290
공탁금출급청구권확인
Text

1. The Plaintiff and the Defendant have the right to claim the payment of deposit money indicated in the separate sheet between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. The relevant Plaintiff and the Defendant married on April 26, 2005, but on February 12, 2014, they were divorced on February 27, 2014 according to the completion of divorce mediation in this court.

B. On August 30, 2012, the Plaintiff entered into a lease agreement 1) No. 110 (hereinafter “instant store”) with the Ji Government-si E and 10 parcels F, Seo-si, Ma-si, Ma-si, and 10 (hereinafter “instant store”).

(1) As to the lease deposit amount, KRW 100,00,000, monthly rent of KRW 3,000,000, lease term of KRW 20,000, and lease term of KRW 3,000 from September 20, 2012 to September 20, 2013 (hereinafter “instant lease term”).

(2) The Defendant occupied and used the instant store by operating a mobile phone store at the instant store.

C. The Plaintiff filed a lawsuit against the Defendant for divorce and consolation money, etc. with this court. On December 12, 2014, conciliation was concluded between the Defendant and the Defendant.

Details of the conciliation provisions shall be as follows:

(hereinafter “Plaintiff” refers to the Plaintiff in this case, and “Defendant” refers to the Defendant in this case)

1. The plaintiff and the defendant are divorced.

2.(a)

The parental authority holder and the guardian of the principal of the case shall be designated as the plaintiff.

B. The Defendant shall pay 50,000 won per person of the principal of the case from March 1, 2014 to the day before the principal of the case reaches the age of majority to the Plaintiff’s child support for the principal of the case.

C. From March 1, 2014, the Plaintiff guaranteed the Defendant’s visitation right to the instant principals 24 hours a day from March 1, 2014, and the Plaintiff and the Defendant shall consult with the date of the visitation right and the place of delivery of the instant principals.

3. Division of property;

A. In both weeks, G Apartment No. 602, 1402, the Plaintiff owned the Plaintiff, and the Plaintiff bears the obligation to refund the deposit for lease of the said apartment.

B. The lessee’s name under E and 10 parcels F, each of which is in the name of the Plaintiff, is in the name of the Plaintiff, but possession and use is in the name of the Defendant, but the Defendant is in the entirety of KRW 140,000,000,000,000,000 won.

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